Monongalia County Commission Passes Ordinance to Prohibit Panhandling at Busy Intersections

The Monongalia County Commission has finally approved an ordinance aimed at prohibiting panhandling at busy intersections. The law is carefully worded as a pedestrian and vehicle safety ordinance in order to pass constitutional scrutiny. The ordinance stems from concerns and complaints about individuals soliciting money from motorists while standing in concrete medians near stoplights.

Commissioner Jeff Arnett clarifies that the ordinance does not target panhandling, criminalize homelessness, or even mention homelessness. The Mountain State Justice, a non-profit representing low-income West Virginians, argues that the ordinance violates the First Amendment right to free speech. They believe that asking for money or charity is a form of speech that is protected under the Constitution. However, they acknowledge that there are exceptions to these rights, and a government entity can place restrictions if there is a compelling government interest.

The commissioners argue that the county has a legitimate interest in protecting public safety at busy intersections, which justifies the ordinance. It specifically targets individuals standing in the middle of traffic while soliciting, rather than panhandling in general. The ordinance also applies to other fundraising activities, such as boot drives by fire departments and school group fundraisers, to ensure that it is content neutral and passes constitutional scrutiny.

It is important to note that despite the ordinance, Monongalia County offers various services to individuals in need. The county commission allocates $1.4 million annually to social programs, and the United Way Family Resources Network provides eight pages of free services. Additionally, one of the popular panhandling intersections is within walking distance to Hazel’s House of Hope, an organization that works with community partners to provide food security, shelter, health, and financial dignity to individuals.

Overall, the ordinance is not meant to be punitive or restrict free speech rights. It is seen as a common-sense law aimed at addressing the hazardous activity of soliciting in busy intersections within the county.